Many people with disability are effectively forced to live in institutions or residential care facilities in order to receive social and personal care supports. (See also Article 19) People in these environments are at a heightened risk of physical and sexual violence and verbal, emotional, psychological or financial abuse as well as neglect and poor care, threatened and actual abuse and institutional violence and harassment perpetrated by co-residents, residential managers and support workers.264 It is extremely difficult to leave or escape violence, exploitation and abuse as often there are no alternative housing and support options.265
A number of residential care facilities, such as boarding houses may be licensed by the disability service sector but they do not have the protections provided by disability service legislation or policy. These facilities provide accommodation for people with disability who would otherwise be homeless, but they have very limited support services and are consistently found to have high levels of exploitation, violence and abuse. In some cases successive reports have found that boarding house residents have been physically and sexually assaulted by staff and other residents, have died in appalling circumstances, and been denied basic rights, including contact with their families.266
The segregated and ‘closed’ nature of institutions and residential care facilities, including smaller group home facilities prevents public scrutiny, which creates greater risks for people with disability who are unable to report instances of exploitation, violence and abuse to support workers who may be the perpetrators of abuse, or who fear disclosure will lead to further abuse and mistreatment.
Many residents may not have family or other support people who could seek advocacy or legal assistance to address issues of abuse, exploitation and neglect.
Many institutions and residential care facilities are designed for particular residents, such as those with high behavioural support needs. This significantly increases risk factors for incidences of exploitation, violence and abuse, as well as a reliance on restrictive practices within these facilities. It effectively establishes a culture of violence, exploitation and abuse.267 (See also Article 14)
Many institutions and residential care facilities are understaffed or have staff that are improperly screened or have insufficient training to recognise, prevent and respond to exploitation, violence and abuse.268
The reliance on gender-neutral ‘abuse and neglect’ policies means that gender specific risks, prevention strategies and responses are often not identified or implemented. Not only are women with disability at greater risk of violence, exploitation and abuse in these settings, but they are also unlikely to receive gender-specific responses or support from domestic violence, sexual assault or women’s support services.269
Gender-neutral disability services standards and ‘abuse and neglect’ policies can contribute to service practices that create significant risks for women with disability. For example, a number of representative and advocacy organisations have reported women with disability being used or ‘rostered’ for sex to address inappropriate male sexual behaviour in institutions and residential care facilities.270
In 2010, the UN Committee on the Elimination of Discrimination against Women expressed its concern to Australia about “the high levels of violence experienced by women, particularly those living in institutions or supported accommodation” and recommended that Australia “address, as a matter of priority, the abuse and violence experienced by women with disabilities living in institutions or supported accommodation”.271
